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Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......The prosecution case, in short, is that, about 2 years before the occurrence accused Abdus Samad Mondal, a neighbour of deceased Mohammad Ali, erected a tinshed for running a Maktab on 18 decimals of land in plot No.430 at a distance of about 50 cubits from the house of the informant (P.W.1). The de...... if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... on due consideration of the facts and circumstances of the case the order of removal of the petitioner from service on compulsory retirement under Martial Law Order No. 9 of 1982 cannot be called in question and the Rule is liable to be discharged accordingly.
6. Mr. SS Halder, the learned Adv..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ...... Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Resp......d in a false criminal case and suspended. The writ petitioner obtained an ad interim bail on 7.2.93 from the High Court Division in Criminal Miscellaneous Case No. 252 of 1993 in the criminal case in question, namely, Hajiganj PS Case No.3 dated 16 9.92 nod ever since 7.2.93 he, is not under any dis..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....s title in certain plots of land. On one reading of the plaint it would appear that he claimed an undivided six annas in those plots. But in the body of the plaint he claimed that he was in exclusive possession of his share by cultivation. The plaintiff sought to amend the plaint so as to claim spec......tween the parties, such amendment must be granted and there is no discretion for the court in this regard. In 54 CWN 445, the plaintiff brought suit for a declaration of his title in certain plots of land. On one reading of the plaint it would appear that he claimed an undivided six annas in those p......rred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Parties. Civil Revision No. 25...... allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made, as may be necessary for the purpose of determining the real questions in controversy between the parties." 4. This rule 17 has got two distinct parts...Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....wrongly arrested and falsely implicated in Gulshan PS Case No. 31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. It has been further alleged th......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......on with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......4 provides that the Government shall communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Now, the pertinent question is, how the said period of 15 days should be calculated. We find no specific provision in t..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......t to the private tutor P.W.4 Md. Hanif and was returning home after learning that the said tutor was not at his residence and on the way appellants Zahir Hossain, Lutfor Rahman alias Lutu, Saddiqul Island alias Laba, Abdul Awal, Mohammad Ali, Azimuddin, Mofizul Islam and Azad forcibly took away her ...... Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......as returning home after attending her coaching class from the house of her tutor P.W.4 Md. Hanif. From the evidence of P.W. 4 it is clear that he was not the tutor of the victim girl and there was no question of her going to his house for that purpose. Though the informant made out a case of enticin..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ...... section 147 of the Code of. Criminal Procedure that a Magistrate of the 1st Class can exercise jurisdiction if there is a dispute likely to cause a breach of peace regarding any right of user of any land or water. It is clear from the allegations made in the application before the learned Magistrat......vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......essions Judge has got power under section 438 of the Code of Criminal Procedure to make a reference to this Court for quashing the proceedings of Misc. Case 74/91 and PR 35/91 we shall revert to that question after considering the merit of this application. It appears from the application filed befo..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......orted in: 46 DLR (HCD) (1994) 199
......ng their own properties which very well indicate that the insertion of word 'Ka' in the ordering portion of the judgment is a mistake committed by the trial Court. He further submits that the question of foreclosure comes when a property is mortgaged and in this case 'Kha' schedule p..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......uance of the no‑objection certificate. 8. This impugned order was issued on 3.10,87 from the office of the Deputy Commissioner, Thereafter, the defendant No. 1 made certain construction on his land and brought the machineries for the cinema hall. All these things are on record, Mr. Moqbul Ahm...... Rule is discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all conc...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rtified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rriage of a woman has been shown as a non‑cognizable offence in the Second Schedule of the Code Criminal Procedure. 10. Now that the petitioners are charged with a non‑cognizable offence the question arises whether the proceeding against the petitioners pending in the Court of the learned S..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......rned, it has been stated in the affidavit-in‑opposition that if any act or thing done is found to be in violation of law, the law enforcing agency will take all necessary steps to implement the law land rules. Thus it is clear that not only the Election Commission has issued the necessary directio......er, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......tted that if there be any breach of law and rule, there is specific remedy under the law and on that ground the ensuing election should not be postponed. 11. As the respondents did not raise any question of the locus standi of the petitioner the question has been kept open. As to the direction ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......e Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......e before the Election Tribunal and the Tribunal is satisfied from evidence on record that recounting is indispensably necessary for deciding the case. 11. Election Tribunal has power to decide a question before it rightly as well as wrongly. A court of appeal can only correct a wrong decision m..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......servation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......iew committee at the time while MLO 9 of 1982 was in operation and the said matter was not decided or disposed of during the subsistence of the Martial Law and the said right is still subsisting. The question as to whether the review petition filed during the subsistence of MLO 9 of 1982 and for tha..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....ion defendant No. 4 to let him know the position of the consignment of the RR and in return defendant No. 4 by letter No. M/4468 dated 19.6.68 informed that the consignment in question was not in his possession. Thereafter the plaintiff made personal enquiries but the defendant No. 4 could not give ......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......r Ambikapur railway station defendant No. 4 to let him know the position of the consignment of the RR and in return defendant No. 4 by letter No. M/4468 dated 19.6.68 informed that the consignment in question was not in his possession. Thereafter the plaintiff made personal enquiries but the defenda..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....by the respondent No.2 to one Abu Zahid Md. Omar by a registered deed of lease dated 13.2.68 (Annexure "B"); that the said Abu Zahid Md. Omar constructed a house in the said plot and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
...... no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ords be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......n the submission of the learned Deputy Attorney‑General for the State and find no substance in the contention of the learned Advocate for the appellant. It may however be noted that no point on the question of sanction or submission of the charge- sheet was raised before the trial Court by the def..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......rder as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......ready for want of the lower court records which are reported to be not traceable we directed by order dated 1.11.93 that these four appeals will be decided leaving out MA No. 48 of 1970. Since common question of fact and law is involved in these four appeals substantially between the same appellant ..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....to the predecessors of the petitioners to refund the amount taken by them as part payment of compensation for the requisitioned land. It is contended by the petitioners that the DIT did not take over possession of the land under requisition from original owners and the petitioners being the successo...... inviting applications for the allotment of Plots in 'Nikunja Residential Area' Project of the respondent No.1 as published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have be...... passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......rent the lands under requisition claimed by the petitioners appertain to the same mouza Joar Shahara No. JL No. 271 and the facts stated in all the three Writ Petitions being same and similar and the question of law involved being common, all the Rules are heard together and disposed of by this judg..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....aintiff within six months from the date of receipt of information of obtaining the permission shall pay the balance sum of Taka 3,00,000.00 and get the sale deed executed and registered and delivered possession in a portion of the suit property to the plaintiff; that the defendant No.1 got herself a......ing also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bahadur Hazi Md. Hossain who died leaving two sons Ahmed Hossa......his Case is also Reported in: 46 DLR (HCD) (1994) 86. ......nt in the suit premises. We, therefore, find nothing to disagree with the court below that defendant No.1 executed the agreement Ext 1 on receipt of Tk. 1, 00,000.00 as earnest money. 8. Now the question is whether defendant No.1 was competent to execute the agreement Ext.1 for sale of the shar..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......e in a strictly legal manner as could be done by a Judge trained in law.
16. In the case of Maclean Vs. Workers' Union reported in Chancery Division 1929 page 602, relevant page 628 and 621, question arose as to whether the decision can be attacked on the ground that there is no evidence (a..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
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